MEMORANDUM ELLEN LIPTON HOLLANDER , District Judge . Oloyede Johnson filed correspondence (ECF 884) in the above-entitled criminal case on November 29, 2016, seeking reconsideration of an Order issued by the Honorable Benson E. Legg on January 21, 2011 (ECF 764), in which Judge Legg denied Johnson's request for materials related to the grand jury that indicted Johnson. Judge Legg denied the request based on the following rationale, ECF 764 at 1: Secrecy of grand jury materials is the...
MEMORANDUM OPINION GEORGE J. HAZEL , District Judge . This matter is before the Court upon self-represented Petitioner Earl D. Johnson Jr.'s ("Johnson") Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254, challenging his 2010 conviction for armed robbery in the Circuit Court of Maryland for Prince George's County. ECF No. 1. Respondents filed an Answer seeking dismissal of Johnson's claims as not cognizable on federal habeas corpus review and alternatively, because Johnson...
MEMORANDUM OPINION GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT A. DAVID COPPERTHITE , Magistrate Judge . On January 29, 2016, Cornelle Timmons ("Plaintiff") petitioned this court to review the Social Security Administration's ("SSA") final decision to deny his claim for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI"). See ECF No. 1 ("the Complaint"). After consideration of the Complaint and each parties cross-motions for summary judgment (ECF Nos. 14...
MEMORANDUM OPINION AND ORDER CHARLES B. DAY , Magistrate Judge . Plaintiff Malibu Media, LLC, submits before this Court its Motion to Compel Discovery ("the Motion") (ECF No. 62). Defendant John Doe has not filed a response in opposition to the Motion. The Court has reviewed the Motion and applicable law. No hearing is deemed necessary. See Local Rule 105.6 (D. Md.). For the reasons presented below, the Court GRANTS the Motion. FACTUAL AND PROCEDURAL BACKGROUND On June 6, 2016,...
MEMORANDUM ELLEN LIPTON HOLLANDER , District Judge . Hesman Tall, the self-represented plaintiff, filed suit against the Maryland Developmental Disabilities Administration ("DDA") and the Maryland Department of Health and Mental Hygiene ("DHMH" or "Department"). ECF 1. In his Amended Complaint (ECF 22), Tall alleges violations of the Fair Labor Standards Act, as amended, 29 U.S.C. 201, et seq. ("FLSA"), and the "Wage and Hour Act." ECF 22 at 1. 1 Plaintiff has appended twenty exhibits...
MEMORANDUM J. FREDERICK MOTZ , District Judge . Plaintiff has instituted this pro se action under the FMLA. 1 Discovery has been completed, and defendant has moved for summary judgment. The motion will be granted. The facts of the case are extremely unfortunate. Apparently, plaintiff was required to give personal care to his aged mother and was undergoing a divorce at the time of the events giving rise to the action. Plaintiff concedes that he never gave notice to defendant of any...
MEMORANDUM OPINION DEBORAH K. CHASANOW , District Judge . Defendants filed a Motion to Dismiss or for Summary Judgment (ECF No. 20) in response to the above-captioned civil rights complaint. Plaintiff opposes the motion. ECF No. 23. The court finds a hearing in this matter unnecessary at this time. See Local Rule 105.6 (D. Md. 2016). For the reasons stated below, Defendants' motion will be denied in part and granted in part. Background Plaintiff Albert M. Carter, an inmate committed...
SUPPLEMENTAL MEMORANDUM OPINION PAULA XINIS , District Judge . This case was before the Court after Defendant Nationstar had removed the matter from the Circuit Court for Charles County, Maryland based on diversity of citizenship under 28 U.S.C. 1332. ECF No. 1. Nationstar then filed a motion to dismiss arguing, inter alia , that the case should be dismissed with prejudice under the Rooker-Feldman doctrine. See ECF No. 29-1. "The Rooker-Feldman doctrine is a jurisdictional rule...
MEMORANDUM TO PARTIES RE. GEORGE L. RUSSELL, III , District Judge . Dear Parties: Pending before the Court are Defendants', Bank of America, NA and Nationstar Mortgage, 1 Motion to Dismiss (ECF No. 5) and pro se Plaintiff Stephen Galvagna's Motion for Summary Judgment (ECF No. 13). The Motions are fully briefed and ripe for disposition. No hearing is necessary. See Local Rule 105.6 (D.Md. 2016). For the reasons that follow, the Court will grant Defendants' Motion and deny Galvagna's...
MEMORANDUM OPINION A. DAVID COPPERTHITE , Magistrate Judge . Pending before this Court is Defendants' Colin Ottey, Kristi Cortez, Greg Flury. Dawn Hawk, James Hunt, Ava Joubert, Quinta Lum, Jennifer Bradfield, Kimberly Hienbaugh, Michelle Schultz, Krista Swan, Lisa Shell, (hereinafter collectively referred to as the "Individual Defendants") and Wexford Health Sources, Inc. (hereinafter referred to as "Wexford") Motion to Dismiss for Failure to State a Claim and/or Motion for Summary...
MEMORANDUM OPINION PAULA XINIS , District Judge . Plaintiff Michele Damiano ("Plaintiff" or "Damiano") filed a Complaint against Defendants Institute for In Vitro Sciences, Inc., ("IIVS") and Paychex Insurance Agency, Inc. ("Paychex" and collectively, "Defendants"). ECF No. 1. Plaintiff brings this action against Defendants for violations of the Employee Retirement Income Security Act, ("ERISA") and Consolidated Omnibus Budget Reconciliation Act of 1986 ("COBRA") in connection with alleged...
MEMORANDUM OPINION RICHARD D. BENNETT , District Judge . Pending before the Court are Defendants IDEAL Buick, Inc. and Manufacturers and Traders Trust Company's Motions to Dismiss for Lack of Jurisdiction ("Defendants' Motions") (ECF Nos. 9, 11). The parties' submissions have been reviewed, and no hearing is necessary. See Local Rule 105.6 (D. Md. 2016). For the reasons stated below, Defendants' Motions are GRANTED, and this case is DISMISSED. BACKGROUND Plaintiff Jennifer Ann...
MEMORANDUM ORDER RICHARD D. BENNETT , District Judge . Pro se plaintiff Miguel D. Tidwell filed this action against defendant IMPAQ International, LLC ("Impaq") alleging unlawful discrimination based on plaintiff's physical and mental impairments. (ECF No. 2.) Tidwell originally filed his Complaint in the Circuit Court for Howard County, Maryland, and Impaq removed the case to this Court on the basis of federal question jurisdiction, 28 U.S.C. 1331, asserting that Tidwell's claims...
MEMORANDUM OPINION GEORGE J. HAZEL , District Judge . Plaintiff Joy Ezirim brings this pro se action against the United States of America 1 for the alleged loss or negligent handling of a cell phone she ordered over the Internet. Plaintiff originally filed her Complaint in the District Court for Prince George's County on November 5, 2015. ECF No. 2. Defendant removed the action to this Court on February 1, 2016. ECF No. 1. Now pending before the Court is the Defendant's Motion to...
MEMORANDUM OPINION Richard D. Bennett , United States District Judge . Plaintiffs Spencer Brown, Zaire Acquaah, Lijalem Uregeha, Albert Sims, and Vincent Emmare (collectively, "Plaintiffs") bring this putative collective action pursuant to the Fair Labor Standards Act, 29 U.S.C. 201, et seq. ("FLSA"), the Maryland Wage and Hour Law, Md. Code Ann., Lab. & Empl., 3-401, et seq. ("MWHL"), and the Maryland Wage Payment and Collection Law, Md. Code Ann., Lab. & Empl., 3-501, et seq....
MEMORANDUM OPINION GEORGE J. HAZEL , District Judge . This is a disparate treatment case brought by Plaintiff Alexandra Bynum against her former employer, Laura L. Martin, in her official capacity as State's Attorney for Calvert County, for purported violations of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. 2000e et seq and the Maryland Fair Employment Practices Act ("FEPA"), Md. Code Ann., State Gov't 20-601 et seq. Now pending before the Court are...
MEMORANDUM OPINION GEORGE J. HAZEL , District Judge . Presently pending before the Court is Christopher Garza and George Easton Jr.'s (together, "Plaintiffs") Motion for Attorneys' Fees, ECF No. 17, arising out of their successful class action lawsuit against Mitchell Rubenstein & Associates. P.C. ("Defendant") for violations of the Fair Debt Collection Practice Act ("FDCPA"). 15 U.S.C. 1692 et seq. No hearing is necessary. Loc. R. 105.6 (D. Md. 2016). For the following reasons....
MEMORANDUM OPINION GEORGE J. HAZEL , District Judge . Presently pending before the Court is Diana C. Berrios' ("Plaintiff") Motion for Attorneys' Fees, ECF No. 31, arising out of her successful lawsuit against Michael Shin ("Defendant") for violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201 et seq., the Maryland Wage and Hour Law ("MWHL"), Md. Code. Lab. & Empl. 3-401 et seq., and the Maryland Wage Payment and Collection Law ("MWPCL"). Md. Code. Lab. & Empl....
MEMORANDUM OPINION AND ORDER DEBORAH K. CHASANOW , District Judge . Presently pending and ready for resolution in this case is a motion for protective order, filed by Defendant Wexford Health Sources, Inc. ("Defendant"). (ECF No. 103). Defendant objects to the majority of the topics Plaintiff Arthur Phillips ("Plaintiff") noticed for its deposition. Plaintiff responded (ECF No. 109), and Defendant replied (ECF No. 115). The scope of discovery is limited to "any nonprivileged matter that...
MEMORANDUM OPINION RICHARD D. BENNETT , District Judge . The pro se Petitioner Antoine De-Marr Washington ("Petitioner" or "Washington") pled guilty before this Court to Attempted Possession with the Intent to Distribute Five Kilograms or More of Cocaine, in violation of 21 U.S.C. 846. 1 J., p. 1, ECF No. 250. Subsequently, this Court sentenced Petitioner to 144 months imprisonment, followed by five years of supervised release. Id. at 2-3. Currently pending before this Court is...
